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CITY OF O'NEILL v. CONSUMERS PUBLIC POWER DISTRICT

No. 36090.

140 N.W.2d 644 (1966)

179 Neb. 773

CITY OF O'NEILL, Nebraska, a Municipal Corporation and Dale Fetrow, Appellants, v. CONSUMERS PUBLIC POWER DISTRICT, a Public Corporation and Political Subdivision of the State of Nebraska et al., Appellees, Loup River Public Power District, Columbus, Nebraska, Intervenor-Appellant.

Supreme Court of Nebraska.

February 25, 1966.

Attorney(s) appearing for the Case

Norman Gonderinger, O'Neill, for appellants.

J. D. Cronin, O'Neill, Wilson, Barlow & Neff, Robert G. Simmons, Lincoln, for appellees.

Crosby, Pansing, Guenzel & Binning, Lincoln, for amicus curiae.

Lyle Winkle, Columbus, Schmid, Ford, Snow, Green & Mooney, Omaha, for Loup River Public Power Dist.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.

McCOWN, Justice.

This is a declaratory judgment action to determine whether or not an agreement between the City of O'Neill and Consumers Public Power District was valid and enforceable. The district court declared the agreement to be valid and enforceable, and dismissed the petition in intervention filed by Loup River Public Power District.

The City of O'Neill, Nebraska, will hereafter be referred to as O'Neill; Consumers Public Power District will be referred...

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